What Counts as a Design Defect Under Nevada Law?

When someone gets injured by a product, figuring out what went wrong is essential. Some people get hurt because of a problem with how a product was made, while others are hurt because something was wrong with the product’s design. If you’re considering filing a personal injury case, understanding whether a design problem caused your injury, a mistake during manufacturing, or something else is important for injured parties.

Understanding product defects under Nevada law

Product liability laws in Nevada are powerful tools to protect consumers because a person injured by a defective product does not need to prove negligence or carelessness on the part of the manufacturer. They need only prove that the product was defective and that the defect was a substantial factor in causing their injuries.

When a product injures someone in Nevada, the law recognizes different ways a product can be considered defective. These defects can turn everyday items into hazards, and a person hurt by a defective product may have the right to take legal action. Below are the types of defects that may exist:

Design defects

A design defect means a problem with how a product is planned or engineered. The flaw exists in the product’s blueprint or original plan, not just in a single item, but in every item built from that same design.

For example, if a line of toasters overheats due to a poor wiring layout, this issue would exist in every toaster made based on that design. The hazard is already built in, even if the manufacturer follows the instructions perfectly.

Manufacturing defects

This type of defect happens during the process of making or assembling the product. A product may be safe according to its design, but something goes wrong while it’s being constructed. This means one item or a batch of items could be defective, but all the others made based on that design could be perfectly safe. The mistake is not in the concept, but in the execution.

Marketing defects – failure to warn

A marketing defect occurs when a product lacks proper instructions, labels, or warnings about its risks. Sometimes, a product needs to come with warnings about appropriate use, unsafe conditions, or potential dangers.

For example, children’s toys with small pieces should warn about potential choking hazards. If they don’t, and a child is injured, this could lead to a product defect case.

Understanding where the error started helps you build a strong legal case.

How courts evaluate design defects – consumer expectation test

When a product injures someone, the courts may need to figure out if there was a defect in how the product was designed. One way they do this is by using the consumer expectation test.

This test looks at what an average person would reasonably expect from a product when they use it as intended. For instance, most people who use a microwave assume that if they use it correctly, it will heat up food safely and quickly.

If the microwave explodes during normal use, the average consumer would never expect such an event. In that situation, the court could decide the design was defective because it did not meet what a person would believe is safe.

What an injured consumer must prove

If you’ve been hurt by a defective product in Nevada, you have certain rights. Before you can recover damages, the law requires you to prove the following elements:

The product was defective from the start

First, you must show how the product was defective and that the defect existed when the product left the defendant’s possession. This means the flaw is not a simple mistake made during manufacturing, and it’s not an issue that arose after it left the manufacturer. Instead, something was wrong with the design of the product, making it unreasonably unsafe from the beginning.

It was dangerous beyond what was expected

Next, the injury needs to happen because the product was more dangerous than a regular person would think. The risks have to exceed what most people would reasonably expect from using that item.

Injury occurred during normal use or use that should’ve been expected

You must also show you were using the product correctly, or in a way the manufacturer could foresee. If the product fails while being used as it’s usually meant to be used and someone gets hurt as a result, that’s enough to meet this requirement. Even misuse of the product may impose liability on the manufacturer, if the misuse was foreseeable. Only unforeseeable misuse may allow the manufacturer to escape liability.

The design defect caused the injury

After showing that the defect existed, you need to connect that defect to your injury. In other words, the unsafe design must be what directly caused you harm. If there was a design defect that wasn’t related to how you got injured, you wouldn’t be successful with your claim.

If you have questions about how this applies to your situation, a defective product lawyer can walk you through each step.

The role of expert testimony

In product liability cases, the facts can get technical and confusing. Most people on a jury are not engineers or familiar with safety laws. This is where expert witnesses become important. Here’s what they do:

Explaining product design problems

Engineers and design experts are often brought in to explain how and why a product failed. They explain in simple terms how and why the product failed.

Showing safer alternatives and analyzing risks

Experts sometimes suggest realistic improvements the manufacturer could have made to make the product safer. This could be as simple as using stronger materials or more comprehensive safety features. While this isn’t usually a required element to win these cases, it can still help build your case.

Evaluating compliance with safety standards

Rules, guidelines, and regulations apply to nearly every type of product. Experts can tell if a product meets these standards and highlight when it falls short. If a company skips established safety requirements, the expert can testify to this fact.

These cases are complicated, and experts aim to make it easier to understand what really went wrong and why you should be entitled to compensation for your injuries.

While you don’t have to show that the manufacturer was negligent in these cases, proving that you are entitled to compensation can still be difficult. There are a lot of technical aspects that can be difficult for judges and juries to understand. The best way to ensure you get what you deserve for your injuries is to work with a product defect lawyer as soon as possible. We have decades of experience and have recovered billions of dollars on behalf of our clients. Contact Claggett & Sykes Trial Lawyers to schedule a free consultation.